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10-13-81 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING October 13, 1981 AGE N D A 1. Opening Prayer. 2. Pledge of Allegiance to the flag of the United States of America. 3. Approval of minutes of regular meeting of September 22, 1981 and special meetings of September 15, 1981, September 17, 1981, September 24, 1981, September 29, 1981 and October 1, 1981. 4. Presentation of items by Council Members. 5. Recognition of public requests from the floor. 6. a. Items added to the agenda by the City Manager. b. CONSENT AGENDA (1) Consider authorizing advertising terms and conditions of proposed sale of City property to Trinity Evangelical Lutheran Church and School. (Approval is recommended.) (2) Consider authorizing execution of Interlocal Agreement between the City and Palm Beach County relative to Community Development Block Grant program. (Approval is recommended. ) (3) Consider approving contract for maintenance of three City flower beds. (Approval is recommended.) (4) Consider authorizing execution tween the Cities of Boca Raton fixed assets computer program. of a license agreement be- and Delray Beach for a (Approval is recommended.) (5) Consider request for additional architectural fees Public Works Complex. (Approval is recommended.) (6) Consider authorizing execution of a lease agreement be- tween the City and Palm Beach County relative to Catherine Strong Recreational Center. (Approval is recommended. ) (7) Consider request for revival services -- Full Gospel Church. (Denial is recommended.) (8) Consider lease agreement -- Delray Beach Country Club Restaurant and Bar. (Approval is recommended.) (9) Consider request for water and sewer service outside the City -- West Atlantic Avenue and Congress Avenue (Exxon Company U.S.A., Division of Exxon Corporation, applicant). (Approval is recommended.) (10) Consider request for water and sewer service outside the City -- Atlantic Avenue between Barwick Road and Military Trail (Delray Land Developers, Inc., a Florida Corpo- ration, applicant). (Approval is recommended.) (11) Consider request for water and sewer service outside the City -- Adjacent to the Intracoastal Waterway, east of U. S. No.1, north of Palm Trail (Evans M. and Jane E. Clements, applicants). (Approval is recommended.) 6. b. (12) Consider adoption of Resolution No. 80-81 relative to awarding a contract for roadway paving at S. E. 1st Avenue from S. E. 8th Street to S. E. 9th Street. (Approval is recommended.) (13) Consider adoption of Resolution No. 81-81 relative to awarding a contract for roadway paving at S. W. lOth Avenue between S. W. 4th Street to serve Carver Estates. (Approval is recommended.) (14) Consider adoption of Resolution No. 82-81 requesting permission from the Palm Beach County Board of Com- missioners to rezone land -- South side of Avenue "L" between Frederick Boulevard and Spanish Trail (Sun First National Bank, as personal representative of the Estate of Joseph L. Schroeder, Sr., applicant). (Approval is recommended.) (15) Consider adoption of Resolution No. 83-81 requesting permission from the Palm Beach County Board of Com- missioners to rezone land -- West side of Florida Boulevard, between LaMat Avenue and Avenue "J" (Henry E. and Judith C. Brooks, applicants). (Approval is recommended. ) (16) Consider adoption of Resolution No. 84-81 relative to awarding a contract to supply and install a new 100 H.P. pump in Lift Station No.1. (Approval is recom- mended. ) (17) Consider adoption of Resolution No. 85-81 requesting permission from the Palm Beach County Board of Com- missioners to rezone land -- Southwest corner of Congress Avenue and Germantown Road (Leo A. and Joan M. Blair, applicants). (Approval is recommended.) (18) Report from the conditional use for Dr. Beroza. Planning & Zoning Board relative to approval -- Medical Office Building (Approval is recommended.) (19) Report from the Planning & Zoning Board relative to conditional use approval -- Delray Church of the Nazarene. (Approval is recommended.) REGULAR AGENDA c. Consider resort memberships -- Delray Beach Country Club. d. Consider purchase of riding greens mowers for Delray Beach Country Club. e. Consider purchase of air system for the Fire Department. 7. Petitions and Communications None. 8. Resolutions and Ordinances a. Second and FINAL Reading of Ordinance No. 68-81 relative to increasing the permit fee and electrical service related to the erection and dismantling of tents. b. First Reading of Ordinance No. 69-81 relative to annexation -- North side of Collins Avenue between Dixie Highway and Miami Avenue (Edward R. and Marjorie E. Mello, applicants). c. First Reading of Ordinance No. 70-81 relative to annexation North side of the C-15 Canal, between Military Trail and the E-4 Canal (D.G.C. Associates, applicant). AGENDA 10-13-81 Page 2 8. d. First Reading of Ordinance No. 71-81 relative to annexation -- Southwest corner of Congress Avenue and Germantown Road (Leo A. and Joan M. Blair, applicants). e. First Reading of Ordinance No. 72-81 relative to signs and billboards. 9. Reports a. Report from the Planning & Zoning Board relative to condi- tional use, site and development plan approval extension -- Old Harbor Office and Bank Facility. AGENDA 10-13-81 Page 3 PRE F ACE CONSENT AGENDA 6. b. (1) As discussed at the October 6th workshop meeting, Council is to consider at Tuesday night's meeting the sale of 1.8 acres, without right-of-way, of City property to Trinity Evangelical Lutheran Church and School, located north of Lake Ida Road adjacent to the church, for the sum of $55,000 with closing costs to be split equally between the City and the church. This item is on the agenda at this time for Council to authorize advertis- ing of the proposed sale in accordance with City ordi- nances. It is recommended that Council authorize advertising the sale. (2) It is recommended that Council authorize execution of Interlocal Agreement between the City and Palm Beach County relative to Community Development Block Grant program as discussed at workshop on October 6th. (3) Mr. Louis Rauth the Flower Man, Inc. has maintained flower beds for the City at the north and south en- trances to the City for the past two years. As dis- cussed at the October 6th workshop meeting, Council is to consider at Tuesday night's meeting the addition of a third flower bed to be located on West Atlantic Avenue near the Delray Beach sign. Cost for this service for one year will be $6,000. Approval is recommended. (4) It is recommended that Council authorize execution of a license agreement between the Cities of Boca Raton and Delray Beach for a fixed assets computer program. The license agreement calls for a one-time non-refund- able charge of $3,000 payable to the City of Boca Raton for the license software package. A copy of a memorandum from the Finance Director dated October 8th and a copy of the license agreement are enclosed. (5) As discussed at the October 6th workshop meeting, Council is to consider an additional architectural fee of $15,000 for the Public Works Complex. Increases were caused by a delay in commencing work and by additional services in engineering, drafting and design. Approval is recommended. (6) It is recommended that Council authorize execution of a lease agreement between the City and Palm Beach County for the Catherine Strong Recreational Center for the period from October 1, 1981 through September 30, 1982. A copy of the lease agreement is enclosed. (7) As discussed at the October 6th workshop meeting, Council is to consider at Tuesday night's meeting the request of the Full Gospel Church to hold a tent revival from October 29th through November 14, 1981 on the north side of West Atlantic Avenue between 10th and 11th Avenues. It is recommended that this request be denied. Preface 10-13-81 Page 1 6. b. (8) The following bids have been received to operate the restaurant and bar at the Delray Beach Country Club: Bidder Quotation (Rent to City) Larry Ward Food Service, Inc. Boca Raton $17,000 Maryann Moore Delray Beach 3,600 + % of net sales It is recommended that the lease agreement be made with Larry Ward Food Service, Inc. in the amount of $17,000. (9) The City is in receipt of an application from Exxon Company U.S.A., Division of Exxon Corporation for City water and sewer service to serve the northwest corner of Atlantic Avenue and Congress Avenue, which is out- side the City. The property is presently used as a gas station. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. (10) The City is in receipt of an application from Delray Land Developers, Inc., a Florida Corporation for City water and sewer service to serve 6.682 acres, located on Atlantic Avenue between Barwick Road and Military Trail, which is outside the City. The property is presently vacant and the proposed use is for professional offices. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicant. (11) The City is in receipt of an application from Evans M. and Jane E. Clements for City water and sewer service to serve 17.627 acres located adjacent to the Intra- coastal Waterway, east of U. S. No.1, north of Palm Trail, which is outside the City. The property is presently vacant and the proposed use is for multi- family residential units. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the applicants. (12) The following bids have been received for roadway paving at S. E. 1st Avenue from S. E. 8th Street to S. E. 9th Street: Bidder Quotation Hardrives, Inc. Delray Beach $22,175.00 Ranger Construction Industries, 26,653.50 Inc. West Palm Beach It is recommended that the contract be awarded to the low bidder, Hardrives, Inc. in the amount of $22,175.00 by adoption of Resolution No. 80-81 with funding by special assessment. PREFACE 10-13-81 Page 2 6. b. (13) The following bids have been received for roadway paving at S. W. 10th Avenue between S. W. 4th Street to serve Carver Estates: Bidder Quotation Hardrives, Inc. Delray Beach $61,525.00 Ranger Construction Industries, Inc. 84,296.20 West Palm Beach It is recommended that the contract be awarded to the low bidder, Hardrives, Inc. in the amount of $61,525.00 by adoption of Resolution No. 81-81 with funding to come from the proceeds of the sale of City lands. Council, at the January 13, 1981 meeting, approved paving of the road. (14) Resolution No. 82-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RS (Residential Single Family) (County) to RM-IO (Multiple Family Dwelling) District (City), located on the south side of Avenue "L" between Frederick Boule- vard and Spanish Trail has been prepared for Council consideration at Tuesday night's meeting. Approval is recommended. (15) Resolution No. 83-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RS (Residential Single Family) (County) to RM-IO (Multiple Family Dwelling) District (City), located on the west side of Florida Boulevard, between LaMat Avenue and Avenue "J", has been prepared for Council consideration at the meeting Tuesday night. Approval is recommended. (16) The following bids have been received to supply and install a new 100 H.P. pump in Lift Station No.1: Bidder Quotation United Steel Erectors, Inc. Hollywood $35,680.00 R. J. Sullivan Corporation Coral Springs 35,950.00 It is recommended that the contract be awarded to the low bidder, United Steel Erectors, Inc. in the amount of $35,680.00 by adoption of Resolution No. 84-81 with funds to come from funds allotted in the 1981-82 budget. (17) Resolution No. 85-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to SAD (Special Activities) District (city), located at the southwest corner of Congress Avenue and Germantown Road has been prepared for Council consideration at Tuesday night's meeting. Approval is recommended. (18) The Planning & Zoning Board at a meeting held on September 21st, recommended by unanimous vote that the conditional use to allow a medical office building for Dr. Beroza in the RM-IO (Multiple Family Dwelling) PREFACE 10-13-81 Page 3 6. b. (18) District, located at the northeast corner of N. E. 5th Street and N. E. 2nd Avenue, be approved subject to: (a) City Engineer's memorandum of August 12th (copy attached). (b) Director of Public utilities' memorandum of August 7th (copy attached). (c) A time limitation of 12 months be set for develop- ment of the project. Approval is recommended. (19) The Planning & Zoning Board at a meeting held on September 21st, recommended by unanimous vote that the conditional use to allow a church in the R-lAA (Single Family Dwelling) District, Delray Church of the Nazarene, located on the east side of Swinton Avenue between Coconut Road and Pineridge Road be approved, subject to: (a) City Engineer's memorandum of August 12th (copy attached) . (b) Director of Public Utilities' memorandum of August 11th (copy attached). (c) A time limitation of 12 months be set for development of the project. (d) That the sidewalk requirement be waived. Approval is recommended. REGULAR AGENDA c. As discussed at workshop meeting on October 6th, Council is to consider at Tuesday night's meeting reactivating the Delray Beach Country Club resort membership fee. Copies of memorandums from the City Manager and Pro Manager are enclosed. d. The following bids have been received for the purchase of two riding greens mowers for the Delray Beach Country Club: Bidder Quotation Degens Turf & Garden $14,560 (Hahn) Miramar Hector Turf & Garden 15,730 (Toro) Miami DeBra 16,590 (Jacobsen) Hollywood It is recommended that the purchase be made from DeBra in the amount of $16,590 with funds budgeted in the 1981-82 budget. The Hahn and Toro mowers did not meet City speci- fications. The Jacobsen mower meets City specifications; the performance of the unit and the quality of the cut is superior to other models. PREFACE 10-13-81 Page 4 6. e. The fOllowing bids have been received for the purchase of an in-station air system for the Fire Department. This system is to be used to fill the self-contained breathing apparatus air bottles. Bidder Quotation Mako Compressors Ocala, FL $ 7,834.20 Pressure Systems, Inc. Pleasant Garden, NC 7,832.75 American Bristol Ind. Harbor City, CA 13,563.00 It is recommended that the purchase be made from Mako Compressors in the amount of $7,834.20 with budgeted funds. The price difference between Mako and Pressure Systems, Inc. is $1.45. By virtue of the Ocala location, it is felt that Mako can provide a higher level of service and assistance. 8. a. Ordinance No. 68-81, amending Chapter 16 "Offenses-Miscel- laneous" of the Code of Ordinances relative to increasing the permit fee and electrical service fee related to the erection and dismantling of tents has been prepared for Council consideration on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the September 22nd meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Tuesday night's meeting in order that any interested parties may be heard. b. Ordinance No. 69-81 relative to annexing a parcel of land located on the north side of Collins Avenue between Dixie Highway and Miami Avenue subject to RM-IO (Multiple Family Dwelling) District has been prepared for Council consider- ation on First Reading at the meeting Tuesday night. This property is presently zoned in the County as RH (Resi- dential Multiple Family-High Density) . Council, at the September 1st workshop meeting, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public hearing will be held at the November 10th meeting. c. Ordinance No. 70-81 relative to annexing a parcel of land located on the north side of the C-15 Canal, between Military Trail and the E-4 Canal subject to R-lAA (Single Family Dwell- ing) District has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the September 1st workshop meeting, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public hearing will be held at the November 10th meeting. d. Ordinance No. 71-81 relative to annexing a 6.14 acre parcel of land located at the southwest corner of Congress Avenue and Germantown Road, subject to SAD (Special Activities) District has been prepared for Council consideration on First Reading at Tuesday night's meeting. This property is presently zoned in the County as AG (Agri- cultural) . PREFACE 10-13-81 Page 5 8. d. Council, at the October 6th workshop meeting, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public hearing will be held on November 10th. e. Ordinance No. 72 81, amending Chapter 9 "Buildings and Con- struction" of the Code of Ordinances relative to signs and billboards has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the workshop meeting on October 6th. 9. a. The Planning & Zoning Board at a meeting held on September 22nd, recommended by unanimous vote that the conditional use, site and development plan for Old Harbor Office and Bank Facility, located at the southeast corner of U. S. No.1 and Linton Boulevard, which expired on September 26, 1981, be extended for six months to March 26, 1982. This was discussed at the workshop meeting on October 6th. PREFACE 10-13-81 Page 6